City Council Meeting
Regular MeetingTulare, CA · February 7, 2017
Minutes
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ACTION MINUTES OF TULARE
CITY COUNCIL, CITY OF TULARE
February 7, 2017
A closed session meeting of the City Council, City of Tulare was held on Tuesday,
February 7, 2017, at 6:00 p.m., in the Tulare Public Library & Council Chambers,
491 North “M” Street.
COUNCIL PRESENT: Carlton Jones, Maritsa Castellanoz, David Macedo, Greg
Nunley, Jose Sigala
STAFF PRESENT: Joe Carlini, Paul Melikian, David Hale, Wes Hensley, Janice Avila,
Steve Bonville, Darlene Thompson, Roxanne Yoder
I. CALL TO ORDER CLOSED SESSION
Mayor Jones called the closed session to order at 6:04 p.m.
II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the
agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your
comments by stating and spelling your name and providing your city of residence.
There were no citizen comments presented.
III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION(S):
Mayor Jones adjourned to closed session at 6:07 p.m., for items as stated on the
agenda. Council Member Macedo recused himself from Closed Session (b) due to a
business conflict with the property owners. City Attorney David Hale advised that there
is an issue related to the APN of the property listed in (b) that needs evaluation and
requested the item be pulled. Mayor Jones noted that he had questions on the item
and stated they would proceed with this matter first, due to Council Member Macedo’s
recusal.
(a) 54957.6b Conference with Labor Negotiators
Represented/Unrepresented employee(s): Police Officers Association;
Negotiators: Paul Melikian, Janice Avila, Darlene Thompson, and Wes Hensley
(b) 54956.8b Conference with Real Property Negotiators
Property: located in Goshen Ca. APN #072-050-018
Under Negotiation: Price, terms, conditions of sale
Negotiating parties: Paul Melikian, David Hale, Steve Bonville, Albert and Grace
Goyenetche, E.W.E Properties (Realtor)
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A regular session meeting of the City Council, City of Tulare was held on
Tuesday, February 7, 2017, at 7:00 p.m., in the Tulare Public Library & Council
Chambers, 491 North “M” Street.
COUNCIL PRESENT: Carlton Jones, Maritsa Castellanoz, David Macedo, Greg
Nunley, Jose Sigala
STUDENTS ABSENT: Mirian Espinoza, Ashley Logue, Yash Bhakta
STAFF PRESENT: Joe Carlini, Paul Melikian, David Hale, Wes Hensley, Willard Epps,
Janice Avila, Darlene Thompson, Rob Hunt, Michael Miller, Steve Bonville, Nick
Bartsch, Traci Myers, Roxanne Yoder
IV. RECONVENE CLOSED SESSION
Mayor Jones reconvened from closed session at 7:39 p.m.
V. CLOSED SESSION REPORT (if any)
Mayor Jones advised there was no reportable action.
VI. ADJOURN CLOSED SESSION
Mayor Jones adjourned closed session at 7:39 p.m.
VII. CALL TO ORDER REGULAR SESSION
Mayor Jones called the regular meeting to order at 7:39 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Police Chief Wes Hensley led the Pledge of Allegiance, and an invocation was given
by Pastor Dennis Sunderland.
IX. CITIZEN COMMENTS
Mayor Jones requested those who wish to speak on matters not on the agenda within
the jurisdiction of the Council, or to address or request a matter be pulled from the
consent calendar to do so at this time. He further stated comments related to general
business matters would be heard at the time that matter is addressed on the agenda.
There were no citizen comments presented.
X. COMMUNICATIONS
(1) Communication from Charles Ritchie regarding personal calculations
concerning the City’s water fund. Local resident Charles Ritchie addressed
the Council regarding his review and concerns over accounting of the City’s
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drought surcharge, Development Impact Fees, transfers, depreciation and the
monthly revenue and expenditure reports provided to the Board of Public Utilities.
XI. CONSENT CALENDAR:
It was moved by Council Member Macedo, seconded by Council Member
Sigala, and unanimously carried that the items on the Consent Calendar be
approved as presented with the exception of items 4, 5 & 8.
(1) Authorization to read ordinances by title only.
(2) Approve minutes of January 17, 2017 special/regular meeting(s).
(3) Adopt Ordinance 17-01 repealing Chapter 5.40 and adopting a new Chapter
5.40 of Title 5 of the City of Tulare Municipal Code relating to Handbills.
(4) Adopt Revised Resolution 17-02 authorizing the submittal of an application
to the State of California, Department of Housing and Community
Development for funding under the HOME Investment Partnerships
Program in the amount of $700,000 for use on the City of Tulare’s First
Time Homebuyer’s Program and Owner Occupied Rehabilitation Program.
Council Member Sigala pulled the item to inquire about allocation of potential
funding for first-time homebuyers program. Community Development Deputy
Director Traci Myers responded. Following discussion, it was moved by Council
Member Sigala, seconded by Council Member Macedo and unanimously carried
to adopt revised Resolution 17-02 as presented.
(5) Approve a subdivision improvement agreement for the Montecito
Subdivision for recordation. Council Member Sigala pulled the item to
comment regarding landscaping and fencing concerns. He expressed a strong
desire that the developer abate the area sooner rather than later. City Engineer
Michael Miller responded. Council Member Nunley inquired about the previous
subdivision agreement versus the proposed agreement with the new owner. City
Attorney Hale addressed the questions regarding the enforceability of the
previous agreement and related bonds, stating that due to the former owner filing
bankruptcy and the bonds lapsing the City is unable to enforce the prior
agreement. Following discussion, it was moved by Council Member Sigala,
seconded by Council Member Nunley and unanimously carried to approve the
item as presented.
(6) Receive and Accept the City’s annual audited financial statements
Comprehensive Annual Financial Report (CAFR) for 2015-2016 fiscal year.
(7) Receive, review, and file the Monthly Investment Report for December 2016.
(8) Approve an agreement with MBIA MuniServices Company (MMC) to provide
compliance and audit service of the Transient Occupancy Tax (TOT)
Ordinance for the City of Tulare with the various hotels and motels within
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the City in the amount not-to-exceed $25,000. Council Member Sigala pulled
the item to inquire about the statutory limit to go back and collect. Finance
Director Darlene Thompson and City Attorney David Hale advised that the
statutory limit is three years. Following comment, it was moved by Council
Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried
to approve the item as presented.
(9) Adopt Resolution 17-08 amending the City’s Non-Utility Position Control
Budget (PCB) as follows: Delete the classification and allocation of
Computer Systems Technician (salary code 3122, $3635.60 -
$4419.10/month) in the Information Technology Division and add the
position of Computer Systems Analyst (salary code 2040 $5,868.38 -
$7,133.07/month) adjusting the cost allocation of the position from 100%
015-4652 to 50% 015-4652 and 50% 010-4610.
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
There were no items for this section of the agenda.
XIII. MAYOR’S REPORT
There were no items for this section of the agenda.
XIV. STUDENT REPORTS
Miriam Espinoza and Yash Bhakta reported on various school related activities.
XV. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL
ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT
AGENCY –
Mayor Jones convened jointly as the Tulare City Council and Successor Agency to the
Tulare Redevelopment Agency at 8:12 p.m.
(1) Successor Agency:
a. Recommend a purchase offer to the Oversight Board of the Successor
Agency to the Tulare Redevelopment Agency for purchase of Assessor
Parcel Number (“APN”) 181-040-011, Property #1 for the amount of
$14,000 from All Valley Housing Services Inc.
b. Recommend a purchase offer to the Oversight Board of the Successor
Agency to the Tulare Redevelopment Agency for purchase of Assessor
Parcel Number (“APN”) 170-232-012, Property #11 for the amount of
$44,900 from Tulare First Baptist Church.
c. Recommend a purchase offer to the Oversight Board of the Successor
Agency to the Tulare Redevelopment Agency for purchase of Assessor
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Parcel Number (“APN”) 170-253-017, Property #16 for the amount of
$33,500 from Holmes Property, LLC.
General Services Director Steve Bonville provided a report for the Council’s
review and consideration. Without discussion, it was moved by Council
Member Sigala, seconded by Council Member Macedo and unanimously
carried to approve Items 1a, b & c, as presented.
XVI. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE
CITY COUNCIL –
Mayor Jones adjourned as the Successor Agency to the Tulare Redevelopment
Agency and remained seated as the Tulare City Council at 8:14 p.m.
XVII. GENERAL BUSINESS
Comments related to General Business Items are limited to three minutes per speaker,
for a maximum of 30 minutes per item, unless otherwise extended by the Council.
(1) City Manager:
a. Consideration of a Letter in Support for AB1 (Frazier) and SB 1 (Beall)
which will serve to provide comprehensive and sensible transportation
reforms, modest increases to existing revenue sources and meaningful
infrastructure investments, as encouraged by the League of California
Cities. Interim City Manager Joe Carlini provided a brief report for the
Council’s review and consideration. With no further discussion, it was moved
by Council Member Sigala, seconded by Council Member Macedo and
unanimously carried to approve as presented.
XVIII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(2)
XIX. ADJOURN REGULAR MEETING
Mayor Jones adjourned the regular meeting at 8:33 p.m.
_________________________________
President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
________________________________
Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
Agenda
AGENDA
TULARE CITY COUNCIL
TUESDAY, February 7, 2017
Closed Session 6:00 p.m.
Regular Session 7:00 p.m.
TULARE PUBLIC LIBRARY & COUNCIL CHAMBERS
491 North “M” Street
MISSION STATEMENT
TO PROMOTE A QUALITY OF LIFE MAKING TULARE THE MOST DESIRABLE COMMUNITY IN
WHICH TO LIVE, LEARN, PLAY, WORK, WORSHIP AND PROSPER.
Meeting audio will be uploaded to the City’s website www.tulare.ca.gov, no later than the Friday following
the meeting, barring any technical difficulties, accessible by selecting the appropriate meeting date
on the City Meeting Calendar page.
6:00 p.m.
I. CALL TO ORDER CLOSED SESSION
II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the
agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your
comments by stating and spelling your name and providing your city of residence.
III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION(S):
(a) 54957.6b Conference with Labor Negotiators
Represented/Unrepresented employee(s): Police Officers Association;
Negotiators: Joe Carlini, Janice Avila, Darlene Thompson, and Wes Hensley
(b) 54956.8b Conference with Real Property Negotiators
Property: located in Goshen Ca. APN #072-050-018
Under Negotiation: Price, terms, conditions of sale
Negotiating parties: Joe Carlini, David Hale, Steve Bonville, Albert and Grace
Goyenetche, E.W.E Properties (Realtor)
7:00 p.m. (Or, immediately following Closed Session)
IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT (if any)
VI. ADJOURN CLOSED SESSION
AGENDA
TULARE CITY COUNCIL
February 7, 2017
Page 2
__________________________________________________________________
VII. CALL TO ORDER REGULAR SESSION
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. CITIZEN COMMENTS
This is the time for citizens to comment on subject matters, not on the agenda within
the jurisdiction of the Tulare City Council. The Council Members ask that you keep
your comments brief and positive. Creative criticism, presented with appropriate
courtesy, is welcome. The Council cannot legally discuss or take official action on
citizen request items that are introduced tonight.
This is also the time for citizens to comment on items listed under the Consent
Calendar or to request an item from the Consent Calendar be pulled for discussion
purposes. Comments related to general business/city manager items or public hearing
items will be heard at the time the item is discussed or at the time the Public Hearing is
opened for comment.
In fairness to all who wish to speak, each speaker will be allowed three minutes, with
a maximum time of 15 minutes per item, unless otherwise extended by Council.
Please begin your comments by stating and spelling your name and providing your city
of residence.
X. COMMUNICATIONS
Communications are to be submitted to the City Manager’s Office 10 days prior to a
Council Meeting to be considered for this section of the Agenda. No action will be
taken on matters listed under communications; however, the Council may direct staff to
schedule issues raised during communications for a future agenda. Citizen comments
will be limited to three minutes, per topic, unless otherwise extended by Council.
(1) Communication from Charles Ritchie regarding personal calculations concerning
the City’s water fund.
XI. CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion.
There will be no separate discussion of these matters unless a request is made, in
which event the item will be removed from the Consent Calendar to be discussed and
voted upon by a separate motion.
(1) Authorization to read ordinances by title only.
(2) Approve minutes of January 17, 2017 special/regular meeting(s).
AGENDA
TULARE CITY COUNCIL
February 7, 2017
Page 3
__________________________________________________________________
(3) Adopt Ordinance 17-01 repealing Chapter 5.40 and adopting a new Chapter
5.40 of Title 5 of the City of Tulare Municipal Code relating to Handbills.
(4) Adopt Revised Resolution 17-02 authorizing the submittal of an application to the
State of California, Department of Housing and Community Development for
funding under the HOME Investment Partnerships Program in the amount of
$700,000 for use on the City of Tulare’s First Time Homebuyer’s Program and
Owner Occupied Rehabilitation Program.
(5) Approve a subdivision improvement agreement for the Montecito Subdivision for
recordation.
(6) Receive and Accept the City’s annual audited financial statements
Comprehensive Annual Financial Report (CAFR) for 2015-2016 fiscal year. [A
copy of the City’s CAFR & Single Audit Report are available on the City’s website and available in
the Office of the City Clerk.]
(7) Receive, review, and file the Monthly Investment Report for December, 2016.
(8) Approve an agreement with MBIA MuniServices Company (MMC) to provide
compliance and audit service of the Transient Occupancy Tax (TOT) Ordinance
for the City of Tulare with the various hotels and motels within the City in the
amount not-to-exceed $25,000.
(9) Adopt Resolution 17-08 amending the City’s Non-Utility Position Control Budget
(PCB) as follows: Delete the classification and allocation of Computer Systems
Technician (salary code 3122, $3635.60 - $4419.10/month) in the Information
Technology Division and add the position of Computer Systems Analyst (salary
code 2040 $5,868.38 - $7,133.07/month) adjusting the cost allocation of the
position from 100% 015-4652 to 50% 015-4652 and 50% 010-4610.
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
XIII. MAYOR’S REPORT
XIV. STUDENT REPORTS
XV. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL
ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT
AGENCY –
(1) Successor Agency:
a. Recommend a purchase offer to the Oversight Board of the Successor
Agency to the Tulare Redevelopment Agency for purchase of Assessor
AGENDA
TULARE CITY COUNCIL
February 7, 2017
Page 4
__________________________________________________________________
Parcel Number (“APN”) 181-040-011, Property #1 for the amount of $14,000
from All Valley Housing Services Inc.
b. Recommend a purchase offer to the Oversight Board of the Successor
Agency to the Tulare Redevelopment Agency for purchase of Assessor
Parcel Number (“APN”) 170-232-012, Property #11 for the amount of $44,900
from Tulare First Baptist Church.
c. Recommend a purchase offer to the Oversight Board of the Successor
Agency to the Tulare Redevelopment Agency for purchase of Assessor
Parcel Number (“APN”) 170-253-017, Property #16 for the amount of $33,500
from Holmes Property, LLC.
XVI. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE
CITY COUNCIL –
XVII. GENERAL BUSINESS
Comments related to General Business Items are limited to three minutes per speaker,
for a maximum of 30 minutes per item, unless otherwise extended by the Council.
(1) City Manager:
a. Consideration of a Letter in Support for AB1 (Frazier) and SB 1 (Beall) which
will serve to provide comprehensive and sensible transportation reforms,
modest increases to existing revenue sources and meaningful infrastructure
investments, as encouraged by the League of California Cities.
XVIII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3)
XIX. ADJOURN REGULAR MEETING
In compliance with the Americans with Disabilities and Brown Act, if you need special assistance to
participate in the meeting, including the receipt of the agenda and documents in the agenda package in an
alternate format, please contact the City Manager’s Office (559) 684-4200. Notification 48 hours prior to the
meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35, 104 ADA Title II), and allow for the preparation of documents in the appropriate alternate format.
[Note: Pursuant to Government Code 54957.5 - Effective 7/1/08 Documents produced and distributed less
than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body
regarding any item on the agenda will be made available for public inspection at the meeting and at the City
Clerk’s Office at City Hall located at 411 East Kern Avenue during normal business hours.]
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